Wife cheated on husband under 1 year of marriage. She had relationship with her cousin. They were in relationship on phone calls. She spent hardly hardly 3 months with her husband and kept on visiting her mom's house and would stay for months. When caught red handed (Audio recordings, no physical contacts), wife made an apology and swore she will never do this again. It was evident in their call recordings that wife's cousin wanted to kill her husband and his family. Husband has forgiven his wife however husband doesn't want to forgive her cousin. Can he file a case on the cousin that he lured his wife to keep relation with him and threatened her that he will kill her husband and his family. If yes, what all options does husband have? And what will the maximum punishment to the cousin.
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1. Since adultery is no more a crime no case under section 497 IPC can be filed against your cousin at all.
2. So if you wish to condone your wife then you will have to forget the role of your cousin as well. otherwise file a sui for divorce against your wife in which adultery is a good ground for divorce
3. On the basis of mere conversation no criminal case can be filed.
1) your wife can file case of criminal intimidation against her cousin forcing her to have relationship with her under threats of killing you
2) it is punishable with imprisonment for Upto 2 years
If your wife support than along with wife you can file defamation, attempt to kill and wife can file mental harassment, rape or forcing to keep physical relationship, sexual harassment etc.
You can only file case if the cousin has threatened you. No case shall stand for any intimacy by him with your wife.
If you are able to prove the adultery of your wife then at this time you can file divorce petition on the ground of adultery by the wife and you can get divorce and you will not be liable to pay any maintenance are permanent alimony to your wife the only essence of This petition will be e the onus on you to prove that your wife was in adultery E and you are not liable to pay any maintenance and this ground you will get the divorce
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like threatening, cheating, intimidation, adultery, breach of trust etc.... against the cousin, supported with all relevant supporting Documents & Witnesses.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Dear Sir,
Yes, you can file a criminal case against that person.
Adultery law in India. Section 497 of the Indian Penal Code was a section dealing with adultery. ... Only a man who has consensual sexual intercourse with the wife of another man without his consent can be punished under this offence in India.
if any man whether married or unmarried has sexual intercourse with a married woman without the consent of husband of that married woman, is guilty of offence of adultery, and shall be punished with imprisonment which may extent to five years or with fine or with both. It is a non cognizable and bailable offence. In such case the wife shall not be punishable as an abettor.
In this kind of situation only husband of a married woman can file a complaint against the person who has sexual intercourse with his wife. The wife of person (who has sexual intercourse with other married woman) can not file a case or complaint against her husband.
As per latest laws, the husband cannot take any legal action against his wife's cousin.
Even if found or caught red handed while indulging in n act of adultery, he cannot initiate any criminal action against him for this act.
However if has evidence for the threatening calls to kill the husband, the husband can make a crimninal complaint against him for this threat.
Your wife needs to file the same you can't file any such case under IPC
Sir,
Do not file a case just to trouble someone. Your wife was equally guilty at the time of the relationship.
However, you may file a case against the ma n for threatening your wife to be in a relationship with him.
NO, only wife can file.
your wife can file police complaint against him u/s ipc 503.
No he cannot file case on boyfriend of wife having relationship with her.
But if he can convince his wife then a strong case can be formed against cousin of wife.
No case against the cousin under present law is permissible.
Dear Querist
It is comes under the offence of Criminal Intimidation and you may file the complaint against him.
503. Criminal intimidation.—Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation
506. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
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